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§ 112. —  Drug interdiction and counterdrug activities.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 32USC112]

 
                        TITLE 32--NATIONAL GUARD
 
                         CHAPTER 1--ORGANIZATION
 
Sec. 112. Drug interdiction and counter-drug activities

    (a) Funding Assistance.--The Secretary of Defense may provide funds 
to the Governor of a State who submits to the Secretary a State drug 
interdiction and counter-drug activities plan satisfying the 
requirements of subsection (c). Such funds shall be used for the 
following:
        (1) The pay, allowances, clothing, subsistence, gratuities, 
    travel, and related expenses, as authorized by State law, of 
    personnel of the National Guard of that State used, while not in 
    Federal service, for the purpose of drug interdiction and counter-
    drug activities.
        (2) The operation and maintenance of the equipment and 
    facilities of the National Guard of that State used for the purpose 
    of drug interdiction and counter-drug activities.
        (3) The procurement of services and equipment, and the leasing 
    of equipment, for the National Guard of that State used for the 
    purpose of drug interdiction and counter-drug activities. However, 
    the use of such funds for the procurement of equipment may not 
    exceed $5,000 per item, unless approval for procurement of equipment 
    in excess of that amount is granted in advance by the Secretary of 
    Defense.

    (b) Use of Personnel Performing Full-Time National Guard Duty.--(1) 
Under regulations prescribed by the Secretary of Defense, personnel of 
the National Guard of a State may, in accordance with the State drug 
interdiction and counter-drug activities plan referred to in subsection 
(c), be ordered to perform full-time National Guard duty under section 
502(f) of this title for the purpose of carrying out drug interdiction 
and counter-drug activities.
    (2)(A) A member of the National Guard serving on full-time National 
Guard duty under orders authorized under paragraph (1) shall participate 
in the training required under section 502(a) of this title in addition 
to the duty performed for the purpose authorized under that paragraph. 
The pay, allowances, and other benefits of the member while 
participating in the training shall be the same as those to which the 
member is entitled while performing duty for the purpose of carrying out 
drug interdiction and counter-drug activities. The member is not 
entitled to additional pay, allowances, or other benefits for 
participation in training required under section 502(a)(1) of this 
title.
    (B) Appropriations available for the Department of Defense for drug 
interdiction and counter-drug activities may be used for paying costs 
associated with a member's participation in training described in 
subparagraph (A). The appropriation shall be reimbursed in full, out of 
appropriations available for paying those costs, for the amounts paid. 
Appropriations available for paying those costs shall be available for 
making the reimbursements.
    (C) To ensure that the use of units and personnel of the National 
Guard of a State pursuant to a State drug interdiction and counter-drug 
activities plan does not degrade the training and readiness of such 
units and personnel, the following requirements shall apply in 
determining the drug interdiction and counter-drug activities that units 
and personnel of the National Guard of a State may perform:
        (i) The performance of the activities may not adversely affect 
    the quality of that training or otherwise interfere with the ability 
    of a member or unit of the National Guard to perform the military 
    functions of the member or unit.
        (ii) National Guard personnel will not degrade their military 
    skills as a result of performing the activities.
        (iii) The performance of the activities will not result in a 
    significant increase in the cost of training.
        (iv) In the case of drug interdiction and counter-drug 
    activities performed by a unit organized to serve as a unit, the 
    activities will support valid unit training requirements.

    (3) A unit or member of the National Guard of a State may be used, 
pursuant to a State drug interdiction and counter-drug activities plan 
approved by the Secretary of Defense under this section, to provide 
services or other assistance (other than air transportation) to an 
organization eligible to receive services under section 508 of this 
title if--
        (A) the State drug interdiction and counter-drug activities plan 
    specifically recognizes the organization as being eligible to 
    receive the services or assistance;
        (B) in the case of services, the performance of the services 
    meets the requirements of paragraphs (1) and (2) of subsection (a) 
    of section 508 of this title; and
        (C) the services or assistance is authorized under subsection 
    (b) or (c) of such section or in the State drug interdiction and 
    counter-drug activities plan.

    (c) Plan Requirements.--A State drug interdiction and counter-drug 
activities plan shall--
        (1) specify how personnel of the National Guard of that State 
    are to be used in drug interdiction and counter-drug activities;
        (2) certify that those operations are to be conducted at a time 
    when the personnel involved are not in Federal service;
        (3) certify that participation by National Guard personnel in 
    those operations is service in addition to training required under 
    section 502 of this title;
        (4) certify that any engineer-type activities (as defined by the 
    Secretary of Defense) under the plan will be performed only by units 
    and members of the National Guard;
        (5) include a certification by the Attorney General of the State 
    (or, in the case of a State with no position of Attorney General, a 
    civilian official of the State equivalent to a State attorney 
    general) that the use of the National Guard of the State for the 
    activities proposed under the plan is authorized by, and is 
    consistent with, State law; and
        (6) certify that the Governor of the State or a civilian law 
    enforcement official of the State designated by the Governor has 
    determined that any activities included in the plan that are carried 
    out in conjunction with Federal law enforcement agencies serve a 
    State law enforcement purpose.

    (d) Examination of Plan.--(1) Before funds are provided to the 
Governor of a State under this section and before members of the 
National Guard of that State are ordered to full-time National Guard 
duty as authorized in subsection (b), the Secretary of Defense shall 
examine the adequacy of the plan submitted by the Governor under 
subsection (c). The plan as approved by the Secretary may provide for 
the use of personnel and equipment of the National Guard of that State 
to assist the Immigration and Naturalization Service in the 
transportation of aliens who have violated a Federal or State law 
prohibiting or regulating the possession, use, or distribution of a 
controlled substance.
    (2) Except as provided in paragraph (3), the Secretary shall carry 
out paragraph (1) in consultation with the Director of National Drug 
Control Policy.
    (3) Paragraph (2) shall not apply if--
        (A) the Governor of a State submits a plan under subsection (c) 
    that is substantially the same as a plan submitted for that State 
    for a previous fiscal year; and
        (B) pursuant to the plan submitted for a previous fiscal year, 
    funds were provided to the State in accordance with subsection (a) 
    or personnel of the National Guard of the State were ordered to 
    perform full-time National Guard duty in accordance with subsection 
    (b).

    (e) Exclusion From End-Strength Computation.--Members of the 
National Guard on active duty or full-time National Guard duty for the 
purposes of administering (or during fiscal year 1993 otherwise 
implementing) this section shall not be counted toward the annual end 
strength authorized for reserves on active duty in support of the 
reserve components of the armed forces or toward the strengths 
authorized in sections 12011 and 12012 of title 10.
    (f) End Strength Limitation.--(1) Except as provided in paragraph 
(2), at the end of a fiscal year there may not be more than 4000 members 
of the National Guard--
        (A) on full-time National Guard duty under section 502(f) of 
    this title to perform drug interdiction or counter-drug activities 
    pursuant to an order to duty for a period of more than 180 days; or
        (B) on duty under State authority to perform drug interdiction 
    or counter-drug activities pursuant to an order to duty for a period 
    of more than 180 days with State pay and allowances being reimbursed 
    with funds provided under subsection (a)(1).

    (2) The Secretary of Defense may increase the end strength 
authorized under paragraph (1) by not more than 20 percent for any 
fiscal year if the Secretary determines that such an increase is 
necessary in the national security interests of the United States.
    (g) Annual Report.--The Secretary of Defense shall submit to 
Congress an annual report regarding assistance provided and activities 
carried out under this section during the preceding fiscal year. The 
report shall include the following:
        (1) The number of members of the National Guard excluded under 
    subsection (e) from the computation of end strengths.
        (2) A description of the drug interdiction and counter-drug 
    activities conducted under State drug interdiction and counter-drug 
    activities plans referred to in subsection (c) with funds provided 
    under this section.
        (3) An accounting of the amount of funds provided to each State.
        (4) A description of the effect on military training and 
    readiness of using units and personnel of the National Guard to 
    perform activities under the State drug interdiction and counter-
    drug activities plans.

    (h) Statutory Construction.--Nothing in this section shall be 
construed as a limitation on the authority of any unit of the National 
Guard of a State, when such unit is not in Federal service, to perform 
law enforcement functions authorized to be performed by the National 
Guard by the laws of the State concerned.
    (i) Definitions.--For purposes of this section:
        (1) The term ``drug interdiction and counter-drug activities'', 
    with respect to the National Guard of a State, means the use of 
    National Guard personnel in drug interdiction and counter-drug law 
    enforcement activities, including drug demand reduction activities, 
    authorized by the law of the State and requested by the Governor of 
    the State.
        (2) The term ``Governor of a State'' means, in the case of the 
    District of Columbia, the Commanding General of the National Guard 
    of the District of Columbia.
        (3) The term ``State'' means each of the several States, the 
    District of Columbia, the Commonwealth of Puerto Rico, or a 
    territory or possession of the United States.

(Added Pub. L. 101-189, div. A, title XII, Sec. 1207(a)(1), Nov. 29, 
1989, 103 Stat. 1564; amended Pub. L. 102-25, title VII, Sec. 703, Apr. 
6, 1991, 105 Stat. 118; Pub. L. 102-396, title IX, Sec. 9099A, Oct. 6, 
1992, 106 Stat. 1926; Pub. L. 104-106, div. A, title X, Sec. 1021, Feb. 
10, 1996, 110 Stat. 426; Pub. L. 104-208, div. C, title VI, Sec. 660, 
Sept. 30, 1996, 110 Stat. 3009-720; Pub. L. 105-85, div. A, title X, 
Sec. 1031, Nov. 18, 1997, 111 Stat. 1880; Pub. L. 105-261, div. A, title 
X, Sec. 1022, Oct. 17, 1998, 112 Stat. 2120; Pub. L. 106-65, div. A, 
title X, Sec. 1021, Oct. 5, 1999, 113 Stat. 746.)


                            Prior Provisions

    Similar provisions were contained in Pub. L. 100-456, div. A, title 
XI, Sec. 1105, Sept. 29, 1988, 102 Stat. 2047, which was set out as a 
note under section 374 of Title 10, Armed Forces, prior to repeal by 
Pub. L. 101-189, Sec. 1207(b).


                               Amendments

    1999--Subsec. (a)(3). Pub. L. 106-65 substituted ``per item'' for 
``per purchase order'' in second sentence.
    1998--Subsec. (a). Pub. L. 105-261, Sec. 1022(e)(1), substituted 
``for the following:'' for ``for--'' in introductory provisions.
    Subsec. (a)(1). Pub. L. 105-261, Sec. 1022(e)(2), (3), substituted 
``The pay'' for ``the pay'' and ``activities.'' for ``activities;''.
    Subsec. (a)(2). Pub. L. 105-261, Sec. 1022(e)(2), (4), substituted 
``The operation'' for ``the operation'' and ``activities.'' for 
``activities; and''.
    Subsec. (a)(3). Pub. L. 105-261, Sec. 1022(a), (e)(2), substituted 
``The procurement'' for ``the procurement'' and ``and equipment, and the 
leasing of equipment,'' for ``and leasing of equipment'' and inserted at 
end ``However, the use of such funds for the procurement of equipment 
may not exceed $5,000 per purchase order, unless approval for 
procurement of equipment in excess of that amount is granted in advance 
by the Secretary of Defense.''
    Subsec. (b)(2). Pub. L. 105-261, Sec. 1022(b), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``To ensure 
that the use of units and personnel of the National Guard of a State 
pursuant to a State drug interdiction and counter-drug activities plan 
is not detrimental to the training and readiness of such units and 
personnel, the requirements of section 2012(d) of title 10 shall apply 
in determining the drug interdiction and counter-drug activities that 
units and personnel of the National Guard of a State may perform.''
    Subsec. (b)(3). Pub. L. 105-261, Sec. 1022(c), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``Section 508 
of this title, regarding the provision of assistance to certain 
specified youth and charitable organizations, shall apply in any case in 
which a unit or member of the National Guard of a State is proposed to 
be used pursuant to a State drug interdiction and counter-drug 
activities plan to provide to an organization specified in subsection 
(d) of such section any of the services described in subsection (b) of 
such section or services regarding counter-drug education.''
    Subsec. (i)(1). Pub. L. 105-261, Sec. 1022(d), inserted ``, 
including drug demand reduction activities,'' after ``drug interdiction 
and counter-drug law enforcement activities''.
    1997--Subsec. (b). Pub. L. 105-85, Sec. 1031(a), designated existing 
provisions as par. (1) and added pars. (2) and (3).
    Subsec. (c)(4) to (6). Pub. L. 105-85, Sec. 1031(b)(1), added par. 
(4) and redesignated former pars. (4) and (5) as (5) and (6), 
respectively.
    Subsec. (e). Pub. L. 105-85, Sec. 1031(d), designated par. (1) as 
subsec. (e) and struck out par. (2) which read as follows: ``The 
Secretary of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on National Security of the House of 
Representatives an annual report specifying for the period covered by 
the report the number of members of the National Guard excluded under 
paragraph (1) from the computation of end strengths.''
    Subsecs. (g) to (i). Pub. L. 105-85, Sec. 1031(c), added subsec. (g) 
and redesignated former subsecs. (g) and (h) as (h) and (i), 
respectively.
    1996--Subsec. (a). Pub. L. 104-106, Sec. 1021(a), amended subsec. 
(a) generally. Prior to amendment, subsec. (a) read as follows: ``The 
Secretary of Defense may provide to the Governor of a State who submits 
a plan to the Secretary under subsection (b) sufficient funds for--
        ``(1) the pay, allowances, clothing, subsistence, gratuities, 
    travel, and related expenses of personnel of the National Guard of 
    that State used for--
            ``(A) the purpose of drug interdiction and counter-drug 
        activities; and
            ``(B) the operation and maintenance of the equipment and 
        facilities of the National Guard of that State used for that 
        purpose; and
        ``(2) the procurement of services and leasing of equipment for 
    the National Guard of that State used for the purpose of drug 
    interdiction and counter-drug activities.''
    Subsec. (b). Pub. L. 104-106, Sec. 1021(e), added subsec. (b). 
Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 104-106, Sec. 1021(c), substituted ``A State 
drug interdiction and counter-drug activities plan'' for ``A plan 
referred to in subsection (a)'' in introductory provisions and 
``training'' for ``annual training'' in par. (3) and added pars. (4) and 
(5).
    Pub. L. 104-106, Sec. 1021(b)(3), redesignated subsec. (b) as (c). 
Former subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 104-106, Sec. 1021(b)(3), redesignated subsec. 
(c) as (d). Former subsec. (d) redesignated (g).
    Subsec. (d)(1). Pub. L. 104-208 inserted at end ``The plan as 
approved by the Secretary may provide for the use of personnel and 
equipment of the National Guard of that State to assist the Immigration 
and Naturalization Service in the transportation of aliens who have 
violated a Federal or State law prohibiting or regulating the 
possession, use, or distribution of a controlled substance.''
    Pub. L. 104-106, Sec. 1021(d)(1), inserted ``and before members of 
the National Guard of that State are ordered to full-time National Guard 
duty as authorized in subsection (b)'' after ``under this section'' and 
substituted ``under subsection (c)'' for ``under subsection (b)''.
    Subsec. (d)(3)(A). Pub. L. 104-106, Sec. 1021(d)(2)(A), substituted 
``subsection (c)'' for ``subsection (b)''.
    Subsec. (d)(3)(B). Pub. L. 104-106, Sec. 1021(d)(2)(B), added 
subpar. (B) and struck out former subpar. (B) which read as follows: 
``funds were provided to the State pursuant to such plan.''
    Subsec. (e)(1). Pub. L. 104-106, Sec. 1021(h)(1), substituted 
``sections 12011 and 12012'' for ``sections 517 and 524''.
    Subsec. (e)(2). Pub. L. 104-106, Sec. 1021(h)(2), substituted ``the 
Committee on Armed Services of the Senate and the Committee on National 
Security of the House of Representatives'' for ``the Committees on Armed 
Services of the Senate and House of Representatives''.
    Subsec. (f). Pub. L. 104-106, Sec. 1021(f), added subsec. (f). 
Former subsec. (f) redesignated (h).
    Subsec. (g). Pub. L. 104-106, Sec. 1021(b)(2), redesignated subsec. 
(d) as (g) and transferred it to appear before subsec. (h), as 
redesignated.
    Subsec. (h). Pub. L. 104-106, Sec. 1021(b)(1), redesignated subsec. 
(f) as (h).
    Subsec. (h)(1). Pub. L. 104-106, Sec. 1021(g), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``The term 
`counter-drug activities' includes the use of National Guard personnel, 
while not in Federal service, in any law enforcement activities 
authorized by State and local law and requested by the Governor.''
    1992--Subsec. (e)(1). Pub. L. 102-396 inserted ``(or during fiscal 
year 1993 otherwise implementing)'' after ``administering''.
    1991--Subsec. (c)(2). Pub. L. 102-25 substituted ``in consultation 
with the Director of National Drug Control Policy.'' for ``in 
consultation with--
        ``(A) the Attorney General of the United States in the case of a 
    plan submitted for fiscal year 1990; and
        ``(B) the Director of National Drug Control Policy in the case 
    of a plan submitted for subsequent fiscal years.''

  Abolition of Immigration and Naturalization Service and Transfer of 
                                Functions

    For abolition of Immigration and Naturalization Service, transfer of 
functions, and treatment of related references, see note set out under 
section 1551 of Title 8, Aliens and Nationality.

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 101.



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